The U.S. Supreme Court on May 6 permitted the Trump administration to enforce its ban on transgender individuals serving in the military, lifting a previous injunction that had blocked the policy. This decision, in Shilling v. Trump, allows the military to discharge current transgender service members and reject new transgender recruits while ongoing legal challenges proceed.
The court’s unsigned order lifted a nationwide injunction previously issued by a federal judge who had found the ban likely unconstitutional.
The plaintiffs in Talbott v. USA, comprising 32 transgender servicemembers and recruits, filed a letter brief with the U.S. Court of Appeals for the D.C. Circuit in response to the Supreme Court’s order. They argued that the Supreme Court’s decision in the Shilling case, which did not address the issue of animus, should not influence the Talbott case.
U.S. District Court Judge Ana Reyes had previously issued a nationwide preliminary injunction on March 18, blocking the implementation of the transgender military ban resulting from President Trump’s executive order. In her ruling, Judge Reyes described the ban as “soaked with animus and dripping with pretext,” asserting that it undermines national security and is unconstitutional.
Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law and attorney for the plaintiffs, criticized the administration’s actions, stating, “The American people are sick of cowardly doublespeak coming out of this administration. Secretary Hegseth’s comments about transgender troops are a disgrace to the military and all those who serve.”
The injunction currently protects 32 transgender plaintiffs who are servicemembers and recruits from immediate harm, including involuntary separation, denial of promotions, and loss of medical care. The D.C. Circuit Court’s forthcoming decision will determine whether the injunction remains in place.
